Hot Topics:

Superior Board approves Coal Creek Crossing development

By Doug Pike For The Camera

Posted:
10/09/2012 12:14:00 AM MDT

Updated:
10/09/2012 12:17:47 AM MDT

Issues surrounding the potential depletion of water tables supplying Original Town Superior wells threatened to dry up a development agreement between the town and Remington Homes on Monday. But a late night 5-2 vote eventually approved the developer's proposed Coal Creek Crossing residential project.

Board members expressed concerns that the development's water use and drainage could impact the 42 registered wells that exist in Original Town, not to mention longstanding unofficial wells not on the town's books.

Matt Seitz, project manager for Leonard Rice Engineers -- the outfit contracted by the town to conduct a study on the aquifer in the area -- said that two separate testing methods showed minimal risk to existing wells from the development, but that impacts couldn't be ruled out.

"In summary, our conclusion was that there is a small chance of impact to surrounding water users, but there is a present chance," Seitz said.

Leonard Rice's final recommendations to the town included further testing, specifically a distant draw-down test which the town requested Monday and Remington consented to Monday.

Based on the report by Leonard Rice, Remington Homes officials showed willingness to accept responsibility for effects to Original Town wells, should the development be proven as the cause of the impacts.

"If an individual homeowner determines that 'for the last 10 years I've been pumping just fine and all of a sudden I can't pump worth a darn, and the only thing that's changed is that darn development,' then there's a violation of the annexation agreement," said Matt Cavanaugh, director of land acquisition and entitlements for Remington. "We're liable."

"We're a conservative home builder and we're not going to do something negative that we're going to be liable for," he added.

Board members expressed concerns about serving as judge and jury in situations pitting the developer against individual homeowners. Trustee Sandy Pennington called for amendments to the standing annexation agreement for the property prior to Monday's approval.

"This year we had a drought. If you were dewatering this year and we had a drought, it would be the homeowner's burden to prove it wasn't the drought, it was you," Pennington told Remington Homes officials. "So to me, that language in the annexation agreement has to be amended to be more even handed."

Pennington and Debra Williams were the two trustees to vote in opposition to the development Monday.

"I am very pleased that Remington is going to develop this property based on agreements here and now," Pennington said. "I am dissatisfied that after four hours of discussion (Monday) we can't guarantee our (Original Town well owners) that they will retain their asset."

When it came down to it, the Board had faith in the research conducted by Leonard Rice.

"At some point, we have to trust the scientific reports that have been conducted and provided," Mayor Andrew Muckle said. "We've done our due diligence."

But the town's work to ensure the project works for Superior residents is far from done.

Two of the Board's major concerns were alleviated when Remington reached an agreement with the owner of the mineral rights to the property and Leonard Rice's report didn't show the development posed a significant risk to the aquifer, but that still leaves traffic issues.

As it stands, West Coal Creek Drive -- a residential street and the primary access route to Coal Creek Crossing -- will bear the brunt of the anticipated traffic increase.

"Coal Creek shouldn't handle this kind of traffic," Mayor Pro-tem Elia Gourgouris said. "Whether it's Sycamore or 76th (that absorbs traffic), we need to look into that. This is a big project for our town. We haven't had a project like this for many, many years."

Board member praised Remington for sticking through a challenging process.

"I believe it's a quality product and I believe that they have been consistent with the preliminary development plan that was approved," Trustee Joe Cirelli said. "I think it will be a nice addition to the town."

Boulder is pretty good at producing rock bands, and by "rock," we mean the in-your-face, guitar-heavy, leather-clad variety — you know, the good kind. For a prime example, look no farther than BANDITS. Full Story